`571–272–7822
`
` Paper No. 12
` Entered: October 26, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`AMAZON.COM, INC. and AMAZON WEB SERVICES, INC.,
`Petitioner,
`
`v.
`
`AVAGO TECHNOLOGIES GENERAL IP (SINGAPORE) PTE. LTD.,
`Patent Owner.
`_______________
`
`Case IPR2017-01433
`Patent 7,583,805 B2
`_______________
`
`Before ROBERT J. WEINSCHENK, DANIEL J. GALLIGAN, and
`SHEILA F. MCSHANE, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`DECISION
`Termination of the Proceeding
`37 C.F.R. §§ 42.71, 42.74
`
`
`
`IPR2017-01433
`Patent 7,583,805 B2
`
`
`INTRODUCTION
`I.
`The parties filed a Joint Motion to Dismiss. Paper 10 (“Motion” or
`“Mot.”). The parties also filed what they indicate is a true copy of a
`Settlement Agreement. Ex. 1012 (“Agreement”). In a Joint Request, the
`parties identified the Agreement as business confidential information and
`requested that the Agreement be kept separate from the patent file. Paper 11
`(“Joint Request”). For the reasons discussed below, the Motion and Joint
`Request are granted.
`
`II. ANALYSIS
`This proceeding is in the preliminary stage, and no decision whether
`to institute a trial has been made. The parties indicate that they have settled
`their dispute regarding U.S. Patent No. 7,583,805 B2. Mot. 3. The parties
`represent that the Agreement is “the only agreement made in connection
`with, or in contemplation of, the dismissal of this proceeding.” Id. Under
`these circumstances, we determine that it is appropriate to dismiss the
`Petition (Paper 2) and terminate this proceeding. See 37 C.F.R. §§ 42.71(a),
`42.74(a). We also determine that it is appropriate to treat the Agreement as
`business confidential information to be kept separate from the patent file.
`See 37 C.F.R. § 42.74(c).
`
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Joint Motion to Dismiss is granted;
`FURTHER ORDERED that the Petition is dismissed and this
`proceeding is terminated as to all parties; and
`
`2
`
`
`
`IPR2017-01433
`Patent 7,583,805 B2
`
`
`FURTHER ORDERED that the Joint Request to treat the Settlement
`Agreement (Ex. 1012) as business confidential information to be kept
`separate from the patent file is granted.
`
`
`
`3
`
`
`
`IPR2017-01433
`Patent 7,583,805 B2
`
`PETITIONER:
`
`Joseph F. Edell
`David M. Saunders
`FISCH SIGLER LLP
`joe.edell.ipr@fischllp.com
`david.saunders.ipr@ fischllp.com
`
`
`PATENT OWNER:
`
`Jason S. Angell
`Jing H. Cherng
`FREITAS ANGELL & WEINBERG LLP
`jangell@fawlaw.com
`gcherng@fawlaw.com
`
`4
`
`